QUESTION FROM(Sanitized) OFFICE OF PUBLIC AFFAIRS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700020023-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: May 13, 2004
• Sequence Number: 23
• Publication Date: March 15, 1978
• Content Type: MFR

Approved For Release 2004/05/21 : CIA-RDP81 M00980R000700020023-8
SUBJECT : Question from ffice of Public Affairs
1. On 13 Marchl asked the Office of General Counsel ,
Librarian, if she could furnish information, concerning
a question received from Dan Gilmore, UPI. Gilmore asked if any law
prohibited U.S. intelligence officers from working for a foreign government
after retirement.
2. I reviewed the code index and came up with one prohibition. This
prohibition applies specifically to State Department employees "while holding
office" (22 U.S.C. 805). I did note that on the affirmative side of the question
Title 26 of the U.S. Code sets forth the Internal Revenue Code which provides
for the reporting of income received by U.S. citizens from governments in
foreign countries.
3. On 14 March I contacted nd explained to him that my
initial research had not located any specific prohibition. I further stated that
it would appear that we needed a lot more information, namely, where the
employment took place, how long it was to last, the kinds of fee arrangements,
etc. I explained that the Foreign Agents Registration Act (18 U.S.C. 951) only
applies to acts of foreign agents in the United States. said that
he would respond to Mr. Gilmore's question by suggesting that due to the
complexity of the problem Mr. Gilmore should contact the Department of Justice.
I Istated that he would not give any details to Gilmore about
This answer was sufficient for purpose.
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OGC/JKG/ eh
Distribution:
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1 JKG Signer
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OGC.
Mr. Laphaci,
in your rese.rch/library unit) asked me
to provide you with matetial related to question I asked her this
morning. Dan Gilmore, UPI, asks several questions about the attached
item, one of which is: "Are Americans, especially former U.S. in-
telligence officers, prohibited by law from working for a foreign
intelligence service?" We are not providing Mr. Gilmore with any in-
formation on but I would like to determine whether any
law or regulation fits the description outlined by Gilmore. If we
do find anything on this subject, do you have any problems with passing
b
-
it to Gilmore! I have been in touch with uii), on this su
ject, and he agrees that we will have nothing to say about
Public Affair :ice
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 STAT Approved For Release 2004/05/21 : CIA-RDP81 M00980R000700020023-8
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 GENERALLY 22 USCS ? 806
? 804. Acceptance of gifts by chief of mission or other principal
officer
A chief of mission or other principal officer may, under such regulations as
the President may prescribe, accept gifts made to the United States or to
any political subdivision thereof by the government to which he is accred-
ited or from which he holds an exequatur.
(Aug. 13, 1946; c. 957, Title X, Part A, ? 1002, 60 Stat. 1030; Oct. 15,
1966, P. L. 89673, ? 8(3), 80 Stat. 953.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
Amendments:
1966. Act Oct. 15, 1966, deleted the former first sentence, which read:
"An officer or employee of the Service shall not ask or, without the
consent of the Congress, receive, for himself or any other person, any
present, emolument, pecuniary favor, office, or title from any foreign
government.";
Deleted "however," preceding "under such regulations".
? 805. Prohibition against engaging in business abroad
An officer or employee of the Service shall not, while holding office,
transact or be interested in any business or engage for profit in any
profession in the country or countries to which he is assigned abroad in his
own name or in the name or through the agency of any other peerson,
except as authorized by the Secretary.
(Aug. 13, 1946, c. 957, Title X, Part A, ? 1003, 60 Stat. 1030.)
Am Jur:
4 Am Jur 2d, Ambassadors and Consuls ? 17.
? 806. Prohibition against correspondence on affairs of foreign
governments
(a) An officer or employee of the Service shall not correspond in regard to
the public ? `fairs of any foreign government except with the proper officers
of the United States, except as authorized by the Secretary.
(b) An officer or employee of the Service shall not recommend any person
for employment in any position of trust or profit under the government of
the country to which he is detailed or assigned, except as authorized by the
Secretary.
(Aug. 13, 1946, c. 957, Title X, Part A, ? 1004, 60 Stat. 1030.)
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